Home/Appellate Division of the Supreme Court of New York/People v. Diaz

People v. Diaz

13 A.D.3d 644, 786 N.Y.S.2d 329, 2004 N.Y. App. Div. LEXIS 15705
Procedural entryThis page is a short order in People v. Diaz. Read the opinion of the Court — 304 A.D.2d 468 →
Appellate Division of the Supreme Court of the State of New York·Decided December 27, 2004·Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered October 15, 2003, convicting him of criminal possession of stolen property in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, his waiver of his right to appeal was knowingly, intelligently, and voluntarily made (see People v DeSimone, 80 NY2d 273 [1992]; People v Torres, 236 AD2d 642 [1997]; cf. People v Rozo, 196 AD2d 514 [1993]).

Furthermore, there was substantial compliance with the statutory requirements of CPL 400.21 relating to predicate felony statements (see People v Hickman, 276 AD2d 563 [2000]). Accordingly, the sentence imposed was legal.

In light of the defendant’s waiver of his right to appeal, we reach no other issue. Prudenti, P.J., H. Miller, Spolzino and Lifson, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Diaz, 13 A.D.3d 644, 786 N.Y.S.2d 329, 2004 N.Y. App. Div. LEXIS 15705 (N.Y. Ct. App. 2004).

13 A.D.3d 644 (People v. Diaz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
People v. Rozo
196 A.D.2d 514 (Appellate Division of the Supreme Court of New York, 1993)
People v. Torres
236 A.D.2d 642 (Appellate Division of the Supreme Court of New York, 1997)
People v. Hickman
276 A.D.2d 563 (Appellate Division of the Supreme Court of New York, 2000)